RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2007
DOCKET NUMBER: AR20070001402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Ms. Antoinette Farley
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. John T. Meixell
Member
Mr. Richard T. Dunbar
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 March 2005, be corrected to show he has 4 years of active duty service.
2. The applicant states that he enlisted in the Regular Army on 24 September 1992 and was honorably discharged on 23 September 1995. The applicant continues that his DD Form 214, dated 23 September 1995, shows he completed 3 years of Net Active Service.
3. The applicant continues, that on 7 December 2003, he entered active duty for deployment to Iraq in Support of Operation Iraqi Freedom and on 22 March 2005, was honorably released from active duty. The applicant states that his DD Form 214, dated 22 March 2005 shows that he completed 1 year, 3 months, and 16 days of Net Active Service and 11 years, 2 months, and 13 days of total prior active service.
4. The applicant provides two of his DD Forms 214 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military service record shows he had prior enlisted service during the period 24 September 1992 through 23 September 1995. After completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 76X (Subsistence Supply Specialist). On 23 September 1995, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Reinforcement. The applicant's DD Form 214, dated 23 September 1995, shows in item 12c (Net Active Service This Period) that he completed 3 years of active duty and no prior active service.
2. The applicant's record shows that he was ordered to active duty in support of Operation Iraqi Freedom on 7 December 2003. He was subsequently honorably released from active duty on 22 March 2005 and transferred to a unit in Milliton, TN.
3. The applicant's DD Form 214, dated 22 March 2005, shows the following entry in item 12c (Net Active Service This Period) "1 year, 3 months, and 16 days" and in item 12d (Total Prior Active Service) "11 years, 2 months, and 13 days."
4. Army Regulation 635-5 states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. In pertinent part, it directs that the entry made in item
12d (Total Prior Active Service) is taken from the Soldiers previously issued
DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214, dated 22 March 2005 should be corrected to show his correct total prior period of active service as 4 years.
2. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he completed 4 years of total prior active service.
3. The applicant's DD Form 214, dated 23 September 1995 show in item 12c that he completed 3 years of Net Active Service.
4. Evidence of record shows in item 12d of the applicant's DD Form 214, dated 22 March 2005 that he completed 11 years, 2 months, and 13 days of Total Prior Active Service.
5. After reviewing the applicant's records it is clear that an administrative error was made in the calculation of his Total Prior Active Service in accordance with Army Regulation 635-5 (Personnel Separation). Based on the foregoing the applicant is entitled to have item 12d of his DD Form 214, dated 22 March 2005, amended to show the following entry: "03 years, 00 months, and 00 days."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__LE___ __RTD___ __JTM___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by amending his DD Form 214, dated 22 March 2005, to show in item 12d
(Total Prior Active Service) the entry "03 years, 00 months, and 00 days."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing in item 12d
(Total Prior Active Service) the entry "04 years, 00 months, and 00 days."
_Lester Echols __
CHAIRPERSON
INDEX
CASE ID
AR20070001402
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
D
AR20070001402
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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